Peter C. Herrick
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Peter Herrick focuses his practice on antitrust and competition, including antitrust litigation, government merger and conduct investigations, and counseling on competition issues. He has extensive experience representing clients in civil and criminal antitrust matters and obtaining antitrust approvals before the Department of Justice and Federal Trade Commission.  He has a deep background in government investigations—on behalf of both the government and private parties—and has litigated antitrust matters involving alleged price fixing and restraint of trade.

Peter joined Axinn from the antitrust group of a global law firm. Prior to that, he was Senior Trial Counsel in the Bureau of Competition at the FTC. There, he oversaw notable merger investigations and litigations in a range of industries. As Senior Trial Counsel and a lead staff attorney in the Mergers IV Division, Peter played principal roles in antitrust investigations and FTC challenges to mergers involving hospitals, physician groups, consumer goods, and blood-plasma product manufacturers.

During his time at the FTC, Peter acted as second chair in the FTC's 18-day trial and victory in FTC et al. v. St. Luke's Health System, Inc. et al. and as a key trial team member in the FTC's successful merger challenges in FTC v. Phoebe Putney Health System and FTC v. OSF Health System.

Additionally, Peter acted as a lead staff attorney on a variety of FTC merger investigations, including Visant Corp./American Achievement Corp., Capella Healthcare/St. Joseph’s Mercy Health System, Geisinger Health System/Community Medical Center, Community Health System, Inc./Moses Taylor Health Care System, and Grifols, S.A./Talecris Biotherapeutics Holdings Corp.

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Clerkships

  • Law Clerk to Justice Barry T. Albin of the Supreme Court of New Jersey (2004-2005)

Experience

  • Acted as second chair on behalf of U.S. Foods in an 8-day preliminary injunction hearing against the FTC concerning its proposed $8.2 billion merger with Sysco Corp.
  • Counseled and represented KKR in its $9.9 billion acquisition of Envision Healthcare
  • Advised HCA Healthcare in its proposed $1.5 billion acquisition of Mission Health
  • Counseled L3 Technologies in the $540 million sale of its Vertex Aerospace business to American Industrial Partners
  • Represented KKR and Internet Brands in Internet Brands’ acquisition of Avvo, Inc.
  • Represented Office Depot in FTC review and litigated challenge to its proposed $6.3 billion merger with Staples, Inc.
  • Represented JBS U.S.A. in DOJ review and clearance of its $1.45 billion acquisition of Cargill's U.S.-based pork business
  • Represented and counseled Silicon Precision Industries Co., Ltd. in FTC review and clearance of its proposed joint share exchange with Advanced Semiconductor Engineering, Inc.
  • Represented and advised Hamburg Südamerikanische Dampfschifffahrts-Gesellschaft KG (HSDG) in DOJ review and clearance of its $4 billion acquisition by Maersk Line A/S
  • Represented Avantor, Inc. in European Commission review and approval of its $6.5 billion acquisition of VWR Corporation
  • Represented a multinational firm in DOJ cartel investigation
  • Represented Maple Leaf Foods in FTC review and approval of its acquisition of Field Roast Grain Meat Co.
  • Represented HCA Healthcare in its response to DOJ subpoenas for testimony and documents in United States v. Anthem Inc. et al.

* Includes matters handled prior to joining Axinn

Education

  • JD, with Honors – Rutgers University School of Law (2004)
  • M.Ed. – Rutgers Graduate School of Education (1998)
  • BA, Political Science and History – Rutgers College (1993)

Admissions

  • New York
  • District of Columbia
  • US District & Bankruptcy Courts for the District of Columbia
  • US District Court for the Eastern District of New York
  • US District Court of the Southern District of New York